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Chinese firm in row with PSC over Sh700m tender



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A Chinese firm is locked in a tendering row with the Parliamentary Service Commission (PSC) over a Sh700 million deal to furnish MPs offices amid allegations that the winning bidder forged documents.

China Jiangxi International Kenya has petitioned the Public Procurement Administrative Review Board (PPARB) to block the award of the contract to local firm Nightigale Enterprises Ltd for breach of tendering laws.

At the same time, a whistle-blower, through lawyer Munyalo Muli, has in filings before the board claimed the local firm submitted irregular bank statements, provided referee companies that were related to it, quoted works it never performed and listed an architecture firm not registered in Kenya.

The Chinese firm on its part reckons PSC did not do adequate background checks on Nightigale Enterprises as demanded by law.

Nightigale had bid Sh665.1 million while China Jiangxi’s offer was Sh699.6 million for the interior fitting of the 26- storey building, which is being built by the Chinese firm for Sh6 billion.

“The procuring entity has acted in contravention of the law … as it awarded the tender to a bidder which did not submit a tender proposal that conformed to all eligibility and mandatory requirements,” said Jiangxi International, through lawyer Mohamed Muigai.

“The procuring entity be compelled to conduct a proper due diligence on Nightigale Enterprises strictly in accordance with the criteria set out in the tender,” added Mr Muigai.

Lawyer Muli questioned the authenticity of the bank statements provided by Nightigale, saying the firm did not undertake a multi-billion-shilling contract in Zambia it quoted to show its competence.

PSC, in response to China Jiangxi through Senate Clerk Jeremiah Nyegenye, has denied the tender did not meet the set criteria including authentic bank details, adding that the Chinese firm has misunderstood the procurement procedure.

The commission says China Jiangxi took part in the tender but was unsuccessful because it submitted a higher bid compared with Nightigale Enterprises.